Curran & Co. v. Olmstead & Scheuing
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpaddisn. The bill in this case was filed by F. Curran & Co. against Olmstead & Scheuing and the First National Bank of Anniston ; and sought to set aside the sale of a stock of goods from Olmstead & Scheuing to the .First National Bank.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpaddisn. The bill in this case was filed by F. Curran & Co. against Olmstead & Scheuing and the First National Bank of Anniston ; and sought to set aside the sale of a stock of goods from Olmstead & Scheuing to the .First National Bank. The ground upon which the complainants sought to set aside the sale of the stock of goods by Olmstead & Scheuing to the First National Bank was, that there was fraud in said sale, and that it was made for the purpose of hindering, delaying and defrauding the creditors of said Olmstead &…
1Opinion of the Court
STONE, O. J.
In November, 1891, Olmstead made a transfer in writing to the First National Bank of Anniston, purporting to be an absolute sale of the merchandise and stock in trade of the former, in payment of an admitted past-due indebtedness to the latter. The business had been conducted in the name of. Olmstead & Scheuing, as partners ; but claiming that the latter was only-a salaried clerk or salesman, he released all his interest to Olmstead. Thereupon he, Olmstead, executed a bill of sale or conveyance of the entire stock' to the bank. F. Curran & Co. were antecedent creditors of Olmstead…
2Cases cited9 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Pollak v. SearcySupreme Court of Alabama · 1887
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- Moody v. MoodySupreme Court of Alabama · 1927
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